DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Boral Resources (Vic) Pty Ltd T/A Boral Construction Materials
(AG2017/2893)

BORAL COUNTRY VIC. CONCRETE AND QUARRIES ENTERPRISE AGREEMENT 2015

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 27 JULY 2017

Variation of the Boral Country Vic. Concrete & Quarries Enterprise Agreement 2015.

[1] On 17 July 2017, Boral Resources (Vic) Pty Ltd T/A Boral Construction Materials (the applicant) filed an application under s.210 of the Fair Work Act 2009 (Cth) (the Act) for approval of a variation to the Boral Country Vic. Concrete & Quarries Enterprise Agreement 2015. The variation inserts new cls 1.4(a)(iii), 1.4(c), 9.6, 10.6.7, a new signatory section pertaining to the Transport Workers’ Union of Australia (TWU) and a new Appendix D. It also varies cls 1.4(b), 3.3(a) and Table A1 of Item A.1 in Appendix A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met. I note that the TWU filed a statutory declaration agreeing with the applicant’s statutory declaration in support of the variation.

[3] The application is approved. For the purpose of s.216 of the Act, the variation will operate from the date of this decision. I note the nominal expiry date of the Agreement is 31 August 2018.

[4] A consolidated version of the Agreement as varied is issued with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Boral Resources (Vic) Pty Ltd, trading as Boral Construction Materials, and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the variation of the Boral Country Vic. Concrete & Quarries Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The legal issues before the court were whether the proposed changes to the enterprise agreement were reasonable and whether the appropriate consultation process was followed by the employer.

The court examined the procedural fairness of the employer's approach to negotiating the variations and whether the employer had acted in good faith. It also considered the substantive fairness of the proposed changes, particularly in relation to the impact on employees' conditions and entitlements. The court found that while the employer had engaged in the negotiation process, there were significant procedural deficiencies, including inadequate consultation and failure to provide necessary information to the union. On the substantive fairness, the court concluded that certain aspects of the proposed changes were unreasonable, particularly those that adversely affected employee conditions without adequate justification.

Ultimately, the court determined that the employer had not acted in accordance with the requirements of the Fair Work Act 2009. The proposed variations were not reasonable and the employer had not followed the appropriate consultation process. The court made orders to the effect that the proposed variations were not to proceed as drafted and directed further negotiations to be undertaken with a view to reaching a more equitable agreement.

Boral Resources (Vic) Pty Ltd T/A Boral Construction Materials

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established